Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 2372
                        Barcode 082874
                            CHAMBER ACTION
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11  The Committee on Health Care (Peaden) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 458.3476, Florida Statutes, is
19  created to read:
20         458.3476  Clinical perfusionist.--
21         (1)  DEFINITIONS.--As used in this section, the term:
22         (a)  "Approved program" means a program for the
23  education and training of clinical perfusion which has been
24  approved by the boards as provided in subsection (5).
25         (b)  "Boards" means the Board of Medicine and the Board
26  of Osteopathic Medicine.
27         (c)  "Clinical perfusionist" means a person who has
28  graduated from an approved program, who is licensed to perform
29  medical services, and who is prescribed, delegated, or
30  supervised by a licensed physician.
31         (d)  "Clinical perfusion" means the functions necessary
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2372 Barcode 082874 1 for the support, treatment, measurement, or supplementation of 2 the cardiovascular, circulatory, or respiratory systems or 3 other organs, or a combination of those activities, and the 4 safe management of physiologic functions by monitoring and 5 analyzing the parameters of the systems under an order and the 6 supervision of a licensed physician, through extracorporeal 7 circulation, long-term clinical support techniques, including 8 extracorporeal carbon-dioxide removal and extracorporeal 9 membrane oxygenation, and associated therapeutic and 10 diagnostic technologies, such as counter pulsation, 11 ventricular assistance, auto transfusion, blood conservation 12 techniques, myocardial and organ preservation, extracorporeal 13 life support, isolated limb perfusion, therapeutic aphaeresis, 14 and platelet rich plasma sequestration. 15 (e) "Clinical perfusionists' licensing committee" 16 means the clinical perfusion licensing committee appointed by 17 the board. 18 (f) "Continuing medical education" means courses 19 recognized and approved by the boards, the American Academy of 20 Physician Assistants, the American Medical Association, the 21 American Osteopathic Association, the American Board of 22 Cardiovascular Perfusion, or the Accreditation Council on 23 Continuing Medical Education. 24 (g) "Direct supervision" means the on-site, personal 25 supervision by a physician who is present when a procedure is 26 being performed and who is in all instances immediately 27 available to provide assistance and direction to the clinical 28 perfusionist while clinical perfusion services are being 29 performed. 30 (h) "Extracorporeal circulation" means the diversion 31 of a patient's blood through a heart-lung machine or a similar 2 5:08 PM 04/22/05 s2372d-he02-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2372 Barcode 082874 1 device that assumes the functions of the patient's heart, 2 lungs, kidney, liver, or other organs. 3 (i) "Trainee" means a person who is currently enrolled 4 in an approved program. 5 (j) "Perfusion protocols" means perfusion-related 6 policies and protocols developed or approved by a licensed 7 health facility or a physician through collaboration with 8 administrators, licensed cardiovascular perfusionists, and 9 other health care professionals. 10 (k) "Proficiency examination" means an entry-level 11 examination approved by the boards, including examinations 12 administered by the American Board of Cardiovascular Perfusion 13 (ABCP). 14 (l) "Provisional licensed perfusionist" means a person 15 provisionally licensed under this section. 16 (m) "Supervising physician" means an allopathic 17 physician who holds an active license. 18 (n) "Temporarily licensed perfusionist" means a person 19 granted a temporary license under this section. 20 (2) PERFORMANCE OF A SUPERVISING PHYSICIAN.--A 21 physician who supervises a clinical perfusionist must be 22 qualified in the medical areas in which the clinical 23 perfusionist performs. 24 (3)(a) PERFORMANCE OF CLINICAL PERFUSIONISTS.--A 25 clinical perfusionist may perform duties established by rule 26 by the board, including the following duties that are included 27 in the clinical perfusionist's protocol, while prescribed by a 28 physician or under the supervision of a physician: 29 1. Perform extracorporeal circulation/clinical 30 support; 31 2. Perform or administer counter pulsation; 3 5:08 PM 04/22/05 s2372d-he02-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2372 Barcode 082874 1 3. Perform circulatory support and ventricular 2 assistance; 3 4. Perform extracorporeal membrane oxygenation (ECMO) 4 and extracorporeal life support (ECLS); 5 5. Perform blood conservation techniques, 6 autotransfusion, and blood component sequestration; 7 6. Perform myocardial preservation; 8 7. Perform coagulation and hemotalogic 9 monitoring/analysis; 10 8. Perform physiological analysis and monitoring; 11 9. Perform blood gas and blood chemistry analysis and 12 monitoring; 13 10. Perform induction of hypothermia or hyperthermia 14 with reversal; 15 11. Perform hemodilution; 16 12. Perform hemofiltration; 17 13. Administer blood, blood products, supportive 18 fluids, and anesthetic agents via the extracorporeal circuit; 19 14. Complete documentation associated with described 20 duties; 21 15. Perform isolated limb and organ perfusion; 22 16. Provide surgical assistance; 23 17. Perform organ preservation; 24 18. Perform dialysis while on clinical bypass; 25 19. Perform therapeutic apheresis; 26 20. Administer blood, blood products and supportive 27 fluids via the therapeutic apheresis circuit; and 28 21. Perform pacemaker lead and battery analysis. 29 (b) This section or chapter does not prevent 30 third-party payors from reimbursing employers of clinical 31 perfusionists for covered services rendered by such clinical 4 5:08 PM 04/22/05 s2372d-he02-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2372 Barcode 082874 1 perfusionists. 2 (c) A clinical perfusionist shall clearly convey to a 3 patient that he or she is a clinical perfusionist. 4 (d) A clinical perfusionist may perform medical tasks 5 and services within the framework of a written practice 6 protocol developed between the supervising physician and the 7 clinical perfusionist. 8 (e) A clinical perfusionist may not prescribe, order, 9 compound, or dispense any controlled substance, legend drug, 10 or medical device to any patient. This paragraph does not 11 prohibit a clinical perfusionist from administering legend 12 drugs, controlled substances, intravenous drugs, fluids, or 13 blood products that are ordered by the physician and 14 administered to a patient while under the orders of such 15 physician. 16 (4) PERFORMANCE BY TRAINEES.--The practice of a 17 trainee is exempt from the requirements of this chapter while 18 the trainee is performing assigned tasks as a trainee in 19 conjunction with an approved program. Before providing 20 clinical perfusion in conjunction with the requirements of an 21 approved program, the trainee shall clearly convey to the 22 patient that he or she is a trainee. 23 (5) PROGRAM APPROVAL.--The boards shall approve 24 programs for the education and training of clinical 25 perfusionists which meet standards established by board rules. 26 The boards may recommend only those programs for clinical 27 perfusionists training which hold full accreditation or 28 provisional accreditation from the Commission on Accreditation 29 of Allied Health Education Programs. 30 (6) CLINICAL PERFUSIONIST LICENSURE.-- 31 (a) Any person seeking to be licensed as a clinical 5 5:08 PM 04/22/05 s2372d-he02-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2372 Barcode 082874 1 perfusionist must apply to the department. The department 2 shall issue a license to any person certified by the board to: 3 1. Be at least 18 years of age. 4 2. Have satisfactorily passed a proficiency 5 examination established by the American Board of 6 Cardiovascular Perfusion (ABCP). The board, on receipt of an 7 application and application fee, shall waive the examination 8 requirement for an applicant who at the time of application: 9 a. Is appropriately licensed or certified by another 10 state, territory, or possession of the United States if the 11 requirements of that state, territory, or possession for the 12 license or certificate are the substantial equivalent of the 13 requirements of this section determined by the board; or 14 b. Holds a current certificate as a certified clinical 15 perfusionist issued by the American Board of Cardiovascular 16 Perfusion (ABCP), or its successor before July 1, 2005. 17 3. Be certified in basic cardiac life support. 18 4. Have completed the application form and remitted an 19 application fee, not to exceed $1,500, as set by the 20 department. An application must include: 21 a. A certificate of completion of an approved program; 22 b. A sworn statement of any prior felony convictions; 23 c. A sworn statement of any prior discipline or denial 24 of licensure or certification in any state; and 25 d. Two letters of recommendation, one from a physician 26 and one from a certified or licensed clinical perfusionist. 27 28 Before January 1, 2006, a person is eligible to apply to the 29 board and receive a license notwithstanding the requirements 30 of this subsection if the person was actively engaged in the 31 practice of perfusion consistent with applicable law, and if 6 5:08 PM 04/22/05 s2372d-he02-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2372 Barcode 082874 1 the person was operating cardiopulmonary bypass systems during 2 cardiac surgical cases in a licensed health care facility as 3 the person's primary function and had been operating the 4 system for 10 of the 12 years preceding application for 5 licensure. 6 (b) A license must be renewed biennially. Each renewal 7 must include: 8 1. A renewal fee, not to exceed $1,500, as set by the 9 department; and 10 2. A sworn statement of no felony convictions in the 11 immediately preceding 2 years. 12 (c) Each licensed clinical perfusionist shall 13 biennially complete continuing medical education as required 14 by the board. 15 (d)1. A license as a provisional licensed perfusionist 16 may be issued by the board to a person who has successfully 17 completed an approved perfusion education program and the 18 filing of an application, payment of an application fee, and 19 the submission of evidence satisfactory to the board of the 20 successful completion of the requisite education requirements. 21 2. A provisional licensed perfusionist is under the 22 supervision and direction of a licensed perfusionist at all 23 times during which the provisional licensed perfusionist 24 performs perfusion. Rules adopted by the board governing such 25 supervision and direction may not require the immediate 26 physical presence of the supervising licensed perfusionist. 27 3. A provisional license is valid for 2 years from the 28 date it is issued and may be extended subject to rule by the 29 board. The application for extension must be signed by a 30 supervising licensed perfusionist. Upon notification by the 31 approved testing service, or the board, that any portion of 7 5:08 PM 04/22/05 s2372d-he02-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2372 Barcode 082874 1 the licensing examination has been failed after the 2-year 2 provisional license term, the provisional license must be 3 surrendered to the board. 4 (e) A license as a temporarily licensed perfusionist 5 may be issued by the department to a person who has 6 successfully completed the perfusion licensure application. 7 (f) The Board of Medicine may impose upon a clinical 8 perfusionist any penalty specified in s. 456.072 or s. 9 458.331(2) if the clinical perfusionist is found guilty of or 10 is investigated for an act that constitutes a violation of 11 this chapter or chapter 456. 12 (7) CARDIOVASCULAR SURGEON AND CLINICAL PERFUSIONIST 13 TO ADVISE THE BOARD.-- 14 (a) The chairperson of the board may appoint a 15 cardiovascular surgeon and a certified clinical perfusionist 16 to advise the board as to the adoption of rules for the 17 licensure of clinical perfusionists. The board may use a 18 committee structure that is most practicable in order to 19 receive any recommendations to the board regarding rules and 20 all matters relating to clinical perfusionists, including, but 21 not limited to, recommendations to improve safety in the 22 clinical practices of licensed clinical perfusionists. 23 (b) In addition to its other duties and 24 responsibilities as prescribed by law, the board shall: 25 1. Recommend to the department the licensure of 26 clinical perfusionists. 27 2. Develop rules regulating the use of clinical 28 perfusionists under this chapter and chapter 459, except for 29 rules relating to the formulary developed under s. 458.347(4). 30 The board shall also develop rules to ensure that the 31 continuity of supervision is maintained in each practice 8 5:08 PM 04/22/05 s2372d-he02-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2372 Barcode 082874 1 setting. The boards shall consider adopting a proposed rule at 2 the regularly scheduled meeting immediately following the 3 submission of the proposed rule. A proposed rule may not be 4 adopted by either board unless both boards have accepted and 5 approved the identical language contained in the proposed 6 rule. The language of all proposed rules must be approved by 7 both boards pursuant to each respective board's guidelines and 8 standards regarding the adoption of proposed rules. 9 3. Address concerns and problems of clinical 10 perfusionists to improve safety in the clinical practices of 11 licensed clinical perfusionists. 12 (c) When the board finds that an applicant for 13 licensure has failed to meet, to the board's satisfaction, 14 each of the requirements for licensure set forth in this 15 section, the board may enter an order to: 16 1. Refuse to certify the applicant for licensure; 17 2. Approve the applicant for licensure with 18 restrictions on the scope of practice or license; or 19 3. Approve the applicant for conditional licensure. 20 Such conditions may include placement of the applicant on 21 probation for a period of time and subject to such conditions 22 as the board specifies, including, but not limited to, 23 requiring the applicant to undergo treatment, to attend 24 continuing education courses, or to take corrective action. 25 (8) PENALTY.--A person who falsely holds himself or 26 herself out as a clinical perfusionist commits a felony of the 27 third degree, punishable as provided in s. 775.082, s. 28 775.083, or s. 775.084. 29 (9) DENIAL, SUSPENSION, OR REVOCATION OF 30 LICENSURE.--The boards may deny, suspend, or revoke the 31 license of a clinical perfusionist whom the board determines 9 5:08 PM 04/22/05 s2372d-he02-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2372 Barcode 082874 1 has violated any provision of this section, chapter, or any 2 rule adopted pursuant thereto. 3 (10) RULES.--The boards shall adopt rules to 4 administer this section. 5 (11) FEES.--The department shall allocate the fees 6 collected under this section to the boards. 7 Section 2. Section 456.048, Florida Statutes, is 8 amended to read: 9 456.048 Financial responsibility requirements for 10 certain health care practitioners.-- 11 (1) As a prerequisite for licensure or license 12 renewal, the Board of Acupuncture, the Board of Chiropractic 13 Medicine, the Board of Podiatric Medicine, and the Board of 14 Dentistry shall, by rule, require that all health care 15 practitioners licensed under the respective board, and the 16 Board of Medicine and the Board of Osteopathic Medicine shall, 17 by rule, require that all anesthesiologist assistants licensed 18 pursuant to s. 458.3475 or s. 459.023 and clinical 19 perfusionists licensed pursuant to s. 458.3476 or s. 459.025, 20 and the Board of Nursing shall, by rule, require that advanced 21 registered nurse practitioners certified under s. 464.012, and 22 the department shall, by rule, require that midwives maintain 23 medical malpractice insurance or provide proof of financial 24 responsibility in an amount and in a manner determined by the 25 board or department to be sufficient to cover claims arising 26 out of the rendering of or failure to render professional care 27 and services in this state. 28 (2) The board or department may grant exemptions upon 29 application by practitioners meeting any of the following 30 criteria: 31 (a) Any person licensed under chapter 457, s. 10 5:08 PM 04/22/05 s2372d-he02-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2372 Barcode 082874 1 458.3475, s. 458.3476, s. 459.023, s. 459.025, chapter 460, 2 chapter 461, s. 464.012, chapter 466, or chapter 467 who 3 practices exclusively as an officer, employee, or agent of the 4 Federal Government or of the state or its agencies or its 5 subdivisions. For the purposes of this subsection, an agent 6 of the state, its agencies, or its subdivisions is a person 7 who is eligible for coverage under any self-insurance or 8 insurance program authorized by the provisions of s. 9 768.28(16) or who is a volunteer under s. 110.501(1). 10 (b) Any person whose license or certification has 11 become inactive under chapter 457, s. 458.3475, s. 458.3476, 12 s. 459.023, s. 459.025, chapter 460, chapter 461, part I of 13 chapter 464, chapter 466, or chapter 467 and who is not 14 practicing in this state. Any person applying for 15 reactivation of a license must show either that such licensee 16 maintained tail insurance coverage which provided liability 17 coverage for incidents that occurred on or after October 1, 18 1993, or the initial date of licensure in this state, 19 whichever is later, and incidents that occurred before the 20 date on which the license became inactive; or such licensee 21 must submit an affidavit stating that such licensee has no 22 unsatisfied medical malpractice judgments or settlements at 23 the time of application for reactivation. 24 (c) Any person holding a limited license pursuant to 25 s. 456.015, and practicing under the scope of such limited 26 license. 27 (d) Any person licensed or certified under chapter 28 457, s. 458.3475, s. 458.3476, s. 459.023, s. 459.025 chapter 29 460, chapter 461, s. 464.012, chapter 466, or chapter 467 who 30 practices only in conjunction with his or her teaching duties 31 at an accredited school or in its main teaching hospitals. 11 5:08 PM 04/22/05 s2372d-he02-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2372 Barcode 082874 1 Such person may engage in the practice of medicine to the 2 extent that such practice is incidental to and a necessary 3 part of duties in connection with the teaching position in the 4 school. 5 (e) Any person holding an active license or 6 certification under chapter 457, s. 458.3475, s. 458.3476, s. 7 459.023, s. 459.025, chapter 460, chapter 461, s. 464.012, 8 chapter 466, or chapter 467 who is not practicing in this 9 state. If such person initiates or resumes practice in this 10 state, he or she must notify the department of such activity. 11 (f) Any person who can demonstrate to the board or 12 department that he or she has no malpractice exposure in the 13 state. 14 (3) Notwithstanding the provisions of this section, 15 the financial responsibility requirements of ss. 458.320 and 16 459.0085 shall continue to apply to practitioners licensed 17 under those chapters, except for clinical perfusionists 18 licensed pursuant to s. 458.3476 or s. 459.025 and 19 anesthesiologist assistants licensed pursuant to s. 458.3475 20 or s. 459.023 who must meet the requirements of this section. 21 Section 3. Section 459.025, Florida Statutes, is 22 created to read: 23 459.025 Clinical perfusionist.-- 24 (1) DEFINITIONS.--As used in this section, the term: 25 (a) "Approved program" means a program for the 26 education and training of clinical perfusion which has been 27 approved by the boards as provided in subsection (5). 28 (b) "Boards" means the Board of Medicine and the Board 29 of Osteopathic Medicine. 30 (c) "Clinical perfusionist" means a person who has 31 graduated from an approved program, who is licensed to perform 12 5:08 PM 04/22/05 s2372d-he02-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2372 Barcode 082874 1 medical services, and who is prescribed, delegated, or 2 supervised by a licensed physician. 3 (d) "Clinical perfusion" means the functions necessary 4 for the support, treatment, measurement, or supplementation of 5 the cardiovascular, circulatory, or respiratory systems or 6 other organs, or a combination of those activities, and the 7 safe management of physiologic functions by monitoring and 8 analyzing the parameters of the systems under an order and the 9 supervision of a licensed physician, through extracorporeal 10 circulation, long-term clinical support techniques, including 11 extracorporeal carbon-dioxide removal and extracorporeal 12 membrane oxygenation, and associated therapeutic and 13 diagnostic technologies, such as counter pulsation, 14 ventricular assistance, auto transfusion, blood conservation 15 techniques, myocardial and organ preservation, extracorporeal 16 life support, isolated limb perfusion, therapeutic aphaeresis, 17 and platelet rich plasma sequestration. 18 (e) "Clinical perfusionists' licensing committee" 19 means the clinical perfusion licensing committee appointed by 20 the board. 21 (f) "Continuing medical education" means courses 22 recognized and approved by the boards, the American Academy of 23 Physician Assistants, the American Medical Association, the 24 American Osteopathic Association, the American Board of 25 Cardiovascular Perfusion, or the Accreditation Council on 26 Continuing Medical Education. 27 (g) "Direct supervision" means the on-site, personal 28 supervision by a physician who is present when a procedure is 29 being performed and who is in all instances immediately 30 available to provide assistance and direction to the clinical 31 perfusionist while clinical perfusion services are being 13 5:08 PM 04/22/05 s2372d-he02-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2372 Barcode 082874 1 performed. 2 (h) "Extracorporeal circulation" means the diversion 3 of a patient's blood through a heart-lung machine or a similar 4 device that assumes the functions of the patient's heart, 5 lungs, kidneys, liver, or other organs. 6 (i) "Trainee" means a person who is currently enrolled 7 in an approved program. 8 (j) "Perfusion protocols" means perfusion-related 9 policies and protocols developed or approved by a licensed 10 health facility or a physician through collaboration with 11 administrators, licensed cardiovascular perfusionists, and 12 other health care professionals. 13 (k) "Proficiency examination" means an entry-level 14 examination approved by the boards, including examinations 15 administered by the American Board of Cardiovascular Perfusion 16 (ABCP). 17 (l) "Provisional licensed perfusionist" means a person 18 provisionally licensed under this section. 19 (m) "Supervising physician" means an osteopathic 20 physician who holds an active license. 21 (n) "Temporarily licensed perfusionist" means a person 22 granted a temporary license under this section. 23 (2) PERFORMANCE OF A SUPERVISING PHYSICIAN.--A 24 physician who supervises a clinical perfusionist must be 25 qualified in the medical areas in which the clinical 26 perfusionist performs. 27 (3)(a) PERFORMANCE OF CLINICAL PERFUSIONISTS.--A 28 clinical perfusionist may perform duties established by rule 29 by the board, including the following duties that are included 30 in the clinical perfusionist's protocol, while prescribed by a 31 physician or under the supervision of a physician: 14 5:08 PM 04/22/05 s2372d-he02-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2372 Barcode 082874 1 1. Perform extracorporeal circulation/clinical 2 support; 3 2. Perform or administer counter pulsation; 4 3. Perform circulatory support and ventricular 5 assistance; 6 4. Perform extracorporeal membrane oxygenation (ECMO) 7 and extracorporeal life support (ECLS); 8 5. Perform blood conservation techniques, 9 autotransfusion, and blood component sequestration; 10 6. Perform myocardial preservation; 11 7. Perform coagulation and hemotalogic 12 monitoring/analysis; 13 8. Perform physiological analysis and monitoring; 14 9. Perform blood gas and blood chemistry analysis and 15 monitoring; 16 10. Perform induction of hypothermia or hyperthermia 17 with reversal; 18 11. Perform hemodilution; 19 12. Perform hemofiltration; 20 13. Administer blood, blood products, supportive 21 fluids, and anesthetic agents via the extracorporeal circuit; 22 14. Complete documentation associated with described 23 duties; 24 15. Perform isolated limb and organ perfusion; 25 16. Provide surgical assistance; 26 17. Perform organ preservation; 27 18. Perform dialysis while on clinical bypass; 28 19. Perform therapeutic apheresis; 29 20. Administer blood, blood products and supportive 30 fluids via the therapeutic apheresis circuit; and 31 21. Perform pacemaker lead and battery analysis. 15 5:08 PM 04/22/05 s2372d-he02-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2372 Barcode 082874 1 (b) This section or chapter does not prevent 2 third-party payors from reimbursing employers of clinical 3 perfusionists for covered services rendered by such clinical 4 perfusionists. 5 (c) A clinical perfusionist shall clearly convey to a 6 patient that he or she is a clinical perfusionist. 7 (d) A clinical perfusionist may perform medical tasks 8 and services within the framework of a written practice 9 protocol developed between the supervising physician and the 10 clinical perfusionist. 11 (e) A clinical perfusionist may not prescribe, order, 12 compound, or dispense any controlled substance, legend drug, 13 or medical device to any patient. This paragraph does not 14 prohibit a clinical perfusionist from administering legend 15 drugs, controlled substances, intravenous drugs, fluids, or 16 blood products that are ordered by the physician and 17 administered to a patient while under the orders of such 18 physician. 19 (4) PERFORMANCE BY TRAINEES.--The practice of a 20 trainee is exempt from the requirements of this chapter while 21 the trainee is performing assigned tasks as a trainee in 22 conjunction with an approved program. Before providing 23 clinical perfusion in conjunction with the requirements of an 24 approved program, the trainee shall clearly convey to the 25 patient that he or she is a trainee. 26 (5) PROGRAM APPROVAL.--The boards shall approve 27 programs for the education and training of clinical 28 perfusionists which meet standards established by board rules. 29 The boards may recommend only those programs for clinical 30 perfusionists training which hold full accreditation or 31 provisional accreditation from the Commission on Accreditation 16 5:08 PM 04/22/05 s2372d-he02-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2372 Barcode 082874 1 of Allied Health Education Programs. 2 (6) CLINICAL PERFUSIONIST LICENSURE.-- 3 (a) Any person seeking to be licensed as a clinical 4 perfusionist must apply to the department. The department 5 shall issue a license to any person certified by the board to: 6 1. Be at least 18 years of age. 7 2. Have satisfactorily passed a proficiency 8 examination established by the American Board of 9 Cardiovascular Perfusion (ABCP). The board, on receipt of an 10 application and application fee, shall waive the examination 11 requirement for an applicant who at the time of application: 12 a. Is appropriately licensed or certified by another 13 state, territory, or possession of the United States if the 14 requirements of that state, territory, or possession for the 15 license or certificate are the substantial equivalent of the 16 requirements of this section determined by the board; or 17 b. Holds a current certificate as a certified clinical 18 perfusionist issued by the American Board of Cardiovascular 19 Perfusion (ABCP), or its successor before July 1, 2005. 20 3. Be certified in basic cardiac life support. 21 4. Have completed the application form and remitted an 22 application fee, not to exceed $1,500, as set by the 23 department. An application must include: 24 a. A certificate of completion of an approved program; 25 b. A sworn statement of any prior felony convictions; 26 c. A sworn statement of any prior discipline or denial 27 of licensure or certification in any state; and 28 d. Two letters of recommendation, one from a physician 29 and one from a certified or licensed clinical perfusionist. 30 31 Before January 1, 2006, a person is eligible to apply to the 17 5:08 PM 04/22/05 s2372d-he02-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2372 Barcode 082874 1 board and receive a license notwithstanding the requirements 2 of this subsection if the person was actively engaged in the 3 practice of perfusion consistent with applicable law, and if 4 the person was operating cardiopulmonary bypass systems during 5 cardiac surgical cases in a licensed health care facility as 6 the person's primary function and had been operating the 7 system for 10 of the 12 years preceding application for 8 licensure. 9 (b) A license must be renewed biennially. Each renewal 10 must include: 11 1. A renewal fee, not to exceed $1,500, as set by the 12 department; and 13 2. A sworn statement of no felony convictions in the 14 immediately preceding 2 years. 15 (c) Each licensed clinical perfusionist shall 16 biennially complete continuing medical education as required 17 by the board. 18 (d)1. A license as a provisional licensed perfusionist 19 may be issued by the board to a person who has successfully 20 completed an approved perfusion education program and the 21 filing of an application, payment of an application fee, and 22 the submission of evidence satisfactory to the board of the 23 successful completion of the requisite education requirements. 24 2. A provisional licensed perfusionist is under the 25 supervision and direction of a licensed perfusionist at all 26 times during which the provisional licensed perfusionist 27 performs perfusion. Rules adopted by the board governing such 28 supervision and direction may not require the immediate 29 physical presence of the supervising licensed perfusionist. 30 3. A provisional license is valid for 2 years from the 31 date it is issued and may be extended subject to rule by the 18 5:08 PM 04/22/05 s2372d-he02-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2372 Barcode 082874 1 board. The application for extension must be signed by a 2 supervising licensed perfusionist. Upon notification by the 3 approved testing service, or the board, that any portion of 4 the licensing examination has been failed after the 2-year 5 provisional license term, the provisional license must be 6 surrendered to the board. 7 (e) A license as a temporarily licensed perfusionist 8 may be issued by the department to a person who has 9 successfully completed the perfusion licensure application. 10 (f) The Board of Osteopathic Medicine may impose upon 11 a clinical perfusionist any penalty specified in s. 456.072 or 12 s. 458.331(2) if the clinical perfusionist is found guilty of 13 or is investigated for an act that constitutes a violation of 14 this chapter or chapter 456. 15 (7) CARDIOVASCULAR SURGEON AND CLINICAL PERFUSIONIST 16 TO ADVISE THE BOARD.-- 17 (a) The chairperson of the board may appoint a 18 cardiovascular surgeon and a certified clinical perfusionist 19 to advise the board as to the adoption of rules for the 20 licensure of clinical perfusionists. The board may use a 21 committee structure that is most practicable in order to 22 receive any recommendations to the board regarding rules and 23 all matters relating to clinical perfusionists, including, but 24 not limited to, recommendations to improve safety in the 25 clinical practices of licensed clinical perfusionists. 26 (b) In addition to its other duties and 27 responsibilities as prescribed by law, the board shall: 28 1. Recommend to the department the licensure of 29 clinical perfusionists. 30 2. Develop rules regulating the use of clinical 31 perfusionists under this chapter and chapter 458, except for 19 5:08 PM 04/22/05 s2372d-he02-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2372 Barcode 082874 1 rules relating to the formulary developed under s. 458.347(4). 2 The board shall also develop rules to ensure that the 3 continuity of supervision is maintained in each practice 4 setting. The boards shall consider adopting a proposed rule at 5 the regularly scheduled meeting immediately following the 6 submission of the proposed rule. A proposed rule may not be 7 adopted by either board unless both boards have accepted and 8 approved the identical language contained in the proposed 9 rule. The language of all proposed rules must be approved by 10 both boards pursuant to each respective board's guidelines and 11 standards regarding the adoption of proposed rules. 12 3. Address concerns and problems of clinical 13 perfusionists to improve safety in the clinical practices of 14 licensed clinical perfusionists. 15 (c) When the board finds that an applicant for 16 licensure has failed to meet, to the board's satisfaction, 17 each of the requirements for licensure set forth in this 18 section, the board may enter an order to: 19 1. Refuse to certify the applicant for licensure; 20 2. Approve the applicant for licensure with 21 restrictions on the scope of practice or license; or 22 3. Approve the applicant for conditional licensure. 23 Such conditions may include placement of the applicant on 24 probation for a period of time and subject to such conditions 25 as the board specifies, including, but not limited to, 26 requiring the applicant to undergo treatment, to attend 27 continuing education courses, or to take corrective action. 28 (8) PENALTY.--A person who falsely holds himself or 29 herself out as a clinical perfusionist commits a felony of the 30 third degree, punishable as provided in s. 775.082, s. 31 775.083, or s. 775.084. 20 5:08 PM 04/22/05 s2372d-he02-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2372 Barcode 082874 1 (9) DENIAL, SUSPENSION, OR REVOCATION OF 2 LICENSURE.--The boards may deny, suspend, or revoke the 3 license of a clinical perfusionist whom the board determines 4 has violated any provision of this section, chapter, or any 5 rule adopted pursuant thereto. 6 (10) RULES.--The boards shall adopt rules to 7 administer this section. 8 (11) FEES.--The department shall allocate the fees 9 collected under this section to the boards. 10 Section 4. This act shall take effect January 1, 2006. 11 12 13 ================ T I T L E A M E N D M E N T =============== 14 And the title is amended as follows: 15 Delete everything before the enacting clause 16 17 and insert: 18 A bill to be entitled 19 An act relating to clinical perfusionists; 20 creating ss. 458.3476 and 459.025, F.S.; 21 providing definitions; requiring a supervising 22 physician to be qualified in the medical area 23 in which the clinical perfusionist performs; 24 prescribing duties of a clinical perfusionist; 25 requiring a clinical perfusionist to convey 26 that he or she is a clinical perfusionist to a 27 patient; authorizing a clinical perfusionist to 28 perform medical tasks and services within a 29 certain protocol; prohibiting a clinical 30 perfusionist from prescribing, ordering, 31 compounding, or dispensing certain drugs or a 21 5:08 PM 04/22/05 s2372d-he02-bz1
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2372 Barcode 082874 1 medical device; providing that a clinical 2 perfusionist may administer certain drugs, 3 fluids, and blood products under the 4 supervision of a physician; exempting a trainee 5 from requirements of a clinical perfusionist; 6 requiring board approval of training programs 7 for clinical perfusionists; providing licensure 8 requirements; providing provisional licensing 9 requirements; providing for a temporary license 10 as a clinical perfusionist; authorizing the 11 Board of Medicine and the Board of Osteopathic 12 Medicine to impose a penalty against a clinical 13 perfusionist found guilty of or investigated 14 for violating ch. 456, ch. 458, or ch. 459, 15 F.S.; authorizing the chair of each board to 16 appoint certain persons to advise the board 17 regarding rules for the licensure of clinical 18 perfusionists; providing duties of each board; 19 providing a penalty for any person who falsely 20 holds himself or herself out as a clinical 21 perfusionist; providing for the denial, 22 suspension, or revocation of a license; 23 requiring each board to adopt rules; requiring 24 the Department of Health to allocate fees 25 collected to each board; amending s. 456.048, 26 F.S.; specifying financial responsibility 27 requirements for clinical perfusionists; 28 providing an effective date. 29 30 31 22 5:08 PM 04/22/05 s2372d-he02-bz1